KARNAIL SINGH Vs. RANDHIR SINGH

JUDGEMENT

(1.) The instant revision petition, preferred under Article 227 of the Constitution of India, assails order dtd. 30/9/2022 (Annexure P-1), passed by the Court of Addl. District Judge, Kaithal, vide which order dtd. 8/7/2019 (Annexure P-6) passed by the Court of Addl. Civil Judge (Sr. Divn.), Kaithal was set aside, thereby dismissing the application under Sec. 28 of the Specific Relief Act, 1963 (for short the '1963 Act') and the application/objection dtd. 13/12/2018 for dismissal of the execution petition filed by the petitioner-defendant (judgment debtor) and restoring the execution petition.

(2.) Shorn of unnecessary details, the facts emerging from the revision petition, are that a suit for possession by way of specific performance of agreement to sell dtd. 4/2/2008 was instituted by the respondent-plaintiff (Randhir Singh) (hereinafter referred to the as the 'plaintiff') against the petitioner-defendant (Karnail Singh) (hereinafter referred to the as the 'defendant'). The said suit was decreed vide judgment and decree dtd. 11/8/2014 (Annexure P-2) passed by the Court of Addl. Civil Judge (Sr. Divn.), Kaithal. The defendant was called upon to get the sale deed executed within a period of two months from the passing of the said judgment and decree, failing which the plaintiff would be entitled to get the same executed through the process of the Court.

(3.) Vide order dtd. 8/7/2019 (Annexure P-6), the Court of Addl. Civil Judge (Sr. Divn.), Kaithal dismissed the execution petition and allowed the application filed by the defendant under Sec. 28 of the 1963 Act and rescinded the agreement to sell.